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Bombay High Court

NAIMOEDDIN HAMID MIYAversusTHE STATE OF MAH AND ORS

Disposal
PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The Court held that, although the earlier award is not binding precedent, it serves as a guiding principle and the claimants are entitled to Rs 150,000 per hectare compensation.

Summary

The Godavari Marathwada Irrigation Development Corporation acquired land for the Renapur‑Sudha Project under a Section 4 notification in 2000. The Special Land Acquisition Officer awarded Rs 71,500 per hectare, which the claimants challenged under Section 18; the reference court enhanced it to Rs 136,500 per hectare. The claimants argued they should receive Rs 150,000 per hectare, the rate awarded in a prior case (LAR No. 24/2003) for the same project but a different village. The Court held that the earlier award, while not binding, is a guiding principle and granted the higher rate of Rs 150,000 per hectare, along with interest and statutory benefits. The acquiring body’s appeal was dismissed because the enhancement did not exceed four times the original award, in line with the State Government’s policy.

Issues considered

  • The appropriate compensation rate for land acquired under the same project but from different villages – whether a prior award can be used as a guiding principle.
  • Whether the acquiring body’s appeal challenging the reference court’s award should be dismissed under the State Government’s policy limiting challenges when enhancement is up to four times the SLAO award.
  • Interpretation of Sections 4 and 18 of the Land Acquisition Act in determining compensation.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • reference court
  • Section 4
  • Section 18
  • interest
  • statutory benefits
  • government policy
  • precedent
  • guiding principle

Judgment

2026:BHC-AUG:37337

                                                                 FA 1081/15 & Ors.
                                             1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             7 FIRST APPEAL NO. 1081 OF 2015

                     GODHAVARI MARATHWADA IRRIGATION DEVP. CORP.
                                         VERSUS
                           NAIMOEDDIN HAMID MIYA AND ORS
                                             ...
                          Advocate for Appellant : Mr. R.D. Biradar
                         AGP for Respondent/State : Mr. D.R. Korde
                       Advocate for Respondent 1 : Mr. Y.P. Deshmukh
                                             ...
                                          WITH
                             FIRST APPEAL NO. 2538 OF 2011

                                 NAIMOEDDIN HAMID MIYA
                                         VERSUS
                               THE STATE OF MAH AND ORS
                                             …
                         Advocate for Appellant : Mr. Y.P. Deshmukh
                         AGP for Respondent/State : Mr. D.R. Korde
                        Advocate for Respondent 3 : Mr. R.D. Biradar
                                             …

                            58 FIRST APPEAL NO. 1271 OF 2015

                     GODHAVARI MARATHWADA IRRIGATION DEVP. CORP.
                                         VERSUS
                           NASIROEDDIN HAMID MIYA AND ORS
                                             ...
                          Advocate for Appellant : Mr. R.D. Biradar
                        AGP for Respondent/State : Mr. B.A. Shinde
                       Advocate for Respondent 1 : Mr. Y.P. Deshmukh
                                             ...
                                          WITH
                             FIRST APPEAL NO. 2537 OF 2011

                                NASIRODDIN HAMID MIYA
                                         VERSUS
                               THE STATE OF MAH AND ORS
                                             …
                         Advocate for Appellant : Mr. Y.P. Deshmukh
                        AGP for Respondent/State : Mr. B.A. Shinde
                        Advocate for Respondent 3 : Mr. R.D. Biradar
                                             …

                            CORAM        : SIDDHESHWAR S. THOMBRE, J.
                            Dated        : August 17, 2026
                                                            FA 1081/15 & Ors.
                                         2

PER COURT :-

1.      As the acquisition proceedings were initiated in the year 2000, heard

finally with the consent of learned counsel for respective parties.

2.      By these appeals, the original claimants as well as the acquiring body

assail the judgments and awards dated 7.6.2010 passed by the learned Jt.

Civil Judge, Senior Division, Nanded in LAR Nos. 36 and 40 of 2003.

3.      As far as the appeals filed by the the acquiring body are concerned,

the learned counsel for the acquiring body submits that the compensation

enhanced by the learned Reference Court does not exceed four times the

amount awarded by the Special Land Acquisition Officer. Therefore, in view

of the aforesaid submissions and having regard to the policy decision of the

State      Government        contained       in    Government         Resolution

No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4            dated   03.11.2016       with

Corrigendum dated 23.02.2017 and 13.08.2018 to the said Government

Resolution, took a decision not to challenge the reference, if compensation

is enhanced only upto four times. Hence, the appeals filed by the acquiring

body i.e. FA Nos. 1081 and 1271 of 2015 needs to be dismissed.

4.      In the appeals filed by the original claimant, it is submitted that the

lands of the claimants admeasuring 1 H. 77 R. and 95 R. from Gat No. 141

were acquired for Renapur-Sudha Project. Notification under section 4 of the

Land Acquisition Act was published in Government Gazette on 17.2.2000.

The Special Land Acquisition Officer (SLAO) has published the award on

30.5.2001 and has awarded compensation at the rate of Rs.71,500/- per H.

for the acquired lands and Rs. 29,335/- for teakwood trees. The claimants

received the amount under protest. Being dissatisfied with the award of

SLAO, the claimants have filed reference under section 18 of the Act. After
                                                         FA 1081/15 & Ors.
                                      3

considering the evidence led by the respective parties, the learned

reference court has enhanced the compensation for the acquired lands at

the rate of Rs.1,36,500/- per H. Being aggrieved by the judgments and

awards of the learned reference court, the original claimants filed the

present appeals.

5.    The learned counsel for original claimants has tendered a copy of

order dated 9.7.2009 passed by the 2 nd Jt. Civil Judge, Senior Division,

Nanded in LAR No. 24/2003 (Pundlik s/o. Ganpati Vs. The State of

Maharashtra and Ors.) and submits that though the above reference arises

from the land acquired from different village, however, from the same

notification and for the same project i.e. Renapur- Sudha Project, the

learned reference court has enhanced the compensation at the rate of

Rs.1,50,000/- per H. He therefore submits that the claimants in the present

case are also entitled to receive the same rate.

6.    Per contra, Mr. R.D. Biradar, learned counsel for acquiring body

vehemently opposed for granting the relief as was granted in LAR No.

24/2003 (supra) on the ground that the said reference was filed in respect

of the land from other village, though arises from the same notification and

for the same project. He submits that the said decision cannot be

considered as binding precedent and it is incumbent upon the claimants to

establish their claim by leading oral as well as documentary evidence. He

submits that after considering the evidence on record in the present case,

the learned reference court has rightly determined the compensation. In

addition, he submits that in respect of teakwood trees separate amount has

been granted by the reference court and therefore, the claimants are not

entitled to receive the compensation as was granted in LAR No. 24/2003.
                                                           FA 1081/15 & Ors.
                                      4

He therefore prays to dismiss the appeals filed by the claimants.

7.    Having heard the learned counsel for the respective parties, with their

assistance I have gone through the record and proceeding and impugned

judgments and awards of the reference court. There is no dispute about the

fact that by issuing section 4 notification though the lands were acquired

from the different villages for the same project i.e. Renapur- Sudha Project.

Though the order passed in LAR No. 24/2003 (supra) cannot be considered

as binding principal, but the same can be considered as guiding principle to

determine the market value of the acquired lands in the present appeals.

For the same project, the reference court has determined the rate of

Rs.1,50,000/- per H. in LAR No. 24/2003 though the land was acquired

from different village. This Court considering decision in LAR No. 24/2003,

hold that though the lands were acquired from the different villages for the

same project under the same notification, in the appeals filed by the

claimants rate of Rs.1,50,000/- per H. needs to be granted as was granted

in LAR No. 24/2003. Hence, I pass the following order.

                                   ORDER

(1)   The appeals filed by the acquiring body are dismissed.

(2)   The appeals filed by the original claimants are partly allowed.

(3)   The original claimants are entitled to receive rate of Rs.1,50,000/-

per H. for their acquired lands.

(4)   The claimants are entitled to receive interest and other statutory

benefits in view of the law laid down by the Full Bench of this Court in the

case of State of Maharashtra vs. Kailas Shiva Rangari, 2016 (4) Mh.L.J. 457.

(5)   The judgment and award passed by the reference court is modified

accordingly.
                                                                FA 1081/15 & Ors.
                                        5

(6)    Claimants are permitted to withdraw the amount, if any, deposited by

the acquiring body in view of the law laid down by the Full Bench of this

Court in case of State of Maharashtra vs. Kailas Shiva Rangari (supra).

(7)    Pending civil applications, if any, stand disposed of.



                                            ( SIDDHESHWAR S. THOMBRE, J. )


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